HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2011 - SECOND READING OF ORDINANCE NO. 167, 2011, AMENDINDATE: December 20, 2011
STAFF: Marty Heffernan
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 27
SUBJECT
Second Reading of Ordinance No. 167, 2011, Amending Chapter 23, Articles IX and X of the City Code to Update
Language Related to the Use of Motorized Devices on City Trails by People with Disabilities.
EXECUTIVE SUMMARY
On First Reading, the City Council amended Ordinance No. 167, 2011 to eliminate the provisions pertaining to
implementation of a one year trial period to allow electric assisted bicycles on City trails. Provisions in the Ordinance
to change the City Code to clarify that people with temporary or permanent mobility disabilities are allowed to operate
ebikes and other power driven mobility devices on trails, and in parks and natural areas, in accordance with City
regulations, were retained. This Ordinance was adopted with these revisions, on First Reading on November 15, 2011
by a vote of 4-2 (Nays: Troxell, Weitkunat).
Changes were made to the Ordinance between First and Second Readings to shorten the title of the Ordinance, add
information about recent ADA regulations, and remove a definition that is no longer needed.
An Optional Version of the Ordinance is also provided on Second Reading that includes Code revisions to provide for
a pilot ebikes program, as originally presented on First Reading. That version, which also includes shown in bold
proposed edits to the title and in “whereas” clauses on the first page that improve the explanation of the ADA-related
changes, is labeled as “Optional Version.”
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - November 15, 2011
(w/o attachments)
2. Powerpoint presentation
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ATTACHMENT 1
DATE: November 15, 2011
STAFF: Marty Heffernan
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 32
SUBJECT
First Reading of Ordinance No. 167, 2011, Amending Chapter 23, Articles IX and X of the City Code to Allow Electrical
Assisted Bicycles on the City’s Paved Trails for a One Year Trial Period.
EXECUTIVE SUMMARY
Council has expressed interest in considering a trial period to allow electric assisted bicycles (ebikes) on City paved
trails. In response, the City Manager formed a cross-departmental team to: investigate the relevant issues; gain input
from associated boards and commissions; conduct a public opinion survey; and find out how other cities are managing
ebikes. City staff presented this information to the Council at the June 28, 2011 Work Session.
After reviewing the information provided at the work session, the City Manager’s recommendation, and other input
received from citizens, Council supported consideration of a change to the City Code to implement a one year trial
period to allow electrical assisted bicycles on the City’s paved trail system. Council requested that staff prepare an
ordinance to make the needed changes to the City Code to implement the trial period and return to Council at a regular
meeting for a determination on whether or not the trial period should be implemented.
Adoption of Ordinance No. 167, 2011, implements a one year trial period allowing ebikes on City paved trails from April
1, 2012 through March 31, 2013.
BACKGROUND / DISCUSSION
INTRODUCTION
Council expressed interest in considering a trial period to allow ebikes on City paved trails. In response, the City
Manager formed a cross-departmental team to: investigate the relevant issues; gain input from associated boards and
commissions; conduct a public opinion survey; and find out how other cities are managing ebikes on their trails. City
staff presented this information to the Council at its June 28, 2011 Work Session. (Attachment 2).
After reviewing the information provided at the Work Session, the City Manager’s recommendation, and other input
received from citizens, Council supported consideration of a change to the City Code to implement a one year trial
period to allow electrical assisted bicycles (ebikes) on the City’s paved trail system. Council requested staff prepare
an ordinance to make the needed changes to the City Code to implement the trial period and return to Council at a
regular meeting for a determination on whether or not the trial period should be implemented.
Council requested that the trial period expire after one year unless renewed, be limited to paved trails, and encompass
an uninterrupted warm weather season. Council also indicated the trial period should be limited only to ebikes, which
should be defined to exclude other electric vehicles or devices like mopeds, motorcycles, skateboards and scooters.
Council also requested that staff prepare a plan to educate the community about the rights of people with mobility
impairments to use ebikes on the trails and also help educate the community about trail etiquette, warnings, safety
and the recreational purpose of the trail system. Additionally, Council asked staff to develop a plan to gather
information and assess the impacts of ebike use during the trial period. Issues regarding safety, conflicts with other
trail users, impacts to wildlife, public opinion and related issues were to be addressed.
CODE CHANGES
Adoption of Ordinance No. 167, 2011, implements a one year trial period allowing ebikes on the City’s paved trails and
clarifies that people with mobility disabilities can use ebikes and other power-driven mobility devices on the trails (as
required by the Americans with Disabilities Act (ADA)) by making the following changes to Chapter 23 of the City Code:
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November 15, 2011 -2- ITEM 32
1. Defines a “bicycle” by adopting the definition used in the Fort Collins Traffic Code.
2. Defines an “Electrical Assisted Bicycle:
Electrical assisted bicycle shall mean a vehicle having two (2) tandem wheels, or two (2) parallel
wheels and one (1) forward wheel, fully operable pedals, an electric motor not exceeding seven
hundred fifty (750) watts of power and a top motor-powered speed of twenty (20) miles per hour,
which also has a tire size of not more than three (3) inches in width, a wheel diameter of not less than
fourteen (14) inches, and a weight of not more than seventy-five (75) pounds. A bicycle with an
electric-powered bike trailer that meets the power and speed limitations listed above is also
considered an electrical assisted bicycle. The electric-powered bike trailer need not meet the above
wheel and tire requirements.
3. Defines “Mobility Disability” and “Other Power-Driven Mobility Device” by adopting the definitions in the ADA.
4. Modifies the prohibition against operating a motor vehicle or other motorized means of conveyance in or on
a natural area, park, or trail by allowing ebikes to be ridden on paved trails from April 1, 2012 through March
31, 2013.
5. Clarifies that a person with a temporary or permanent mobility disability is allowed to use a motorized
wheelchair or other power-driven mobility device in City natural areas, parks and trails, in accordance with City
regulations.
OUTREACH AND EDUCATION
City staff has launched the education campaign to inform citizens that people with mobility disabilities are allowed to
use ebikes and other power-driven mobility devices on City trails. Articles in City News, Fort Shorts and Neighborhood
News are being published and the information is also posted on the City’s web page and social media outlets.
In the spring of 2012, staff will launch an outreach campaign on trail etiquette to remind citizens to share the trail, give
audible warnings, stay to the right, ride at controlled speed, stay alert! and similar messages. The campaign will
include: press releases, videos on Cable 14 and on-line; posters; partnerships with bike shops; FC Bikes materials,
the Recreator, Natural Areas Tracks and Trails publication, and social media. If Council approves the ebike trial
period, the trail etiquette campaign will be expanded to publicize the trial period, including the on-line feedback form
to gather citizen input. In mid-summer staff will engage in additional outreach to promote the on-line ebike feedback
form and reinforce the trail etiquette message, with additional reminders deployed in the fall.
Finally, staff will be improving the signage along the trail system. Signage will be standardized and will include stop
signs, warnings about sharp curves or steep grades, trail etiquette reminders, wayfinding and distances and directions
to parks, natural areas and public facilities.
SURVEYS
Staff has been conducting trail use surveys to gather information on how the trails are being used. The surveys record
the number of users in a 30 minute time frame, what they are doing (walking, running, biking, rollerblading,
skateboarding etc.) and related information. Trail maintenance staff and rangers also have good information on trail
use from the time they spend on the trails. This information provides a general baseline of trail use information that
can be compared against information gathered during the ebike trial period, if it is implemented. Staff will conduct trail
use surveys (using volunteers and paid hourly workers) during the trial period and will include information on ebike
use, user conflicts, safety issues and impacts on wildlife. Trail maintenance staff and rangers will also be asked to
report on ebike use they observe on the trails. The public will also be encouraged to report their observations and
experiences with ebikes on the trails through the City’s on-line feedback form.
FURTHER COUNCIL ACTION
If the ebike trial period is implemented, and prior to the expiration of the trial period, staff will provide Council with all
the information gathered during the trial period. Council can then determine if the trial period should be extended,
made permanent, or be allowed to expire.
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FINANCIAL / ECONOMIC IMPACTS
Minimal funding may be needed to pay hourly staff to conduct trail use surveys. The cost is estimated at less than
$5,000 and is currently budgeted.
ENVIRONMENTAL IMPACTS
Environmental impacts from ebikes on the trails is unknown but will be assessed during the trial period.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
Board and Commission recommendations were summarized and included in the June 28th Work Session materials
(Attachment 2).
PUBLIC OUTREACH
Staff conducted a citizen survey on the topic of allowing ebikes on City paved trails. Over 200 responses were
received with 49% opposed and 47% in favor of allowing ebikes on the trails. The results of the outreach effort were
included in the June 28 Work Session materials (Attachment 2).
ATTACHMENTS
1. Work Session Summary, June 28, 2011
2. Agenda Item Summary (and attachments) from the June 28, 2011 Work Session
3. Powerpoint presentation
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CITY CODE CHANGES REGARDING THE
USE OF POWER DRIVEN MOBILITY
DEVICES IN PARKS, NATURAL AREAS AND
ON TRAILS
2
Introduction
• On first reading of Ordinance No. 167, 2011 on
November 15th, Council amended the Ordinance
to remove provisions that would have modified the
City Code to implement a trial period allowing
electric assisted bicycles on City trails.
• The remaining code changes in Ordinance No.
167 pertain to the use of power driven mobility
devices in natural areas, parks and on trails by
people with mobility disabilities.
ATTACHMENT 2
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3
Introduction
• By adopting Ordinance No. 167, 2011 the
requirements of the Americans with Disabilities
Act (ADA) regarding the use of power driven
mobility devices by people with mobility
disabilities will be incorporated into the City Code.
4
City Code Changes
• The Ordinance clarifies that a person with a
temporary or permanent mobility disability is
allowed to use a motorized wheelchair or other
power-driven mobility device (which includes
ebikes) in City natural areas, parks and on trails,
in accordance with City regulations.
• Power-driven mobility devices also include
mopeds, Segways and similar devices.
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CITY REGULATIONS
• City regulations are in place which regulate the use of
power-driven mobility devices to address safety and
resource damage issues.
• The regulations allow only electric powered devices, limit
their weight to 500 pounds, noise levels to 55 dBA, and
width to 32 inches.
• The mobility devices must be operated in a safe manner,
between dusk and dawn and must not cause damage to
park, natural area or trail infrastructure or facilities.
ORDINANCE NO. 167, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23, ARTICLES IX AND X OF THE CODE OF THE
CITY OF FORT COLLINS TO UPDATE THE LANGUAGE REGARDING THE USE OF
MOTORIZED DEVICES BY PEOPLE WITH DISABILITIES IN ORDER TO BE
CONSISTENT WITH RECENT FEDERAL REGULATIONS UNDER THE AMERICANS
WITH DISABILITIES ACT TO UPDATE LANGUAGE RELATED TO THE USE OF
MOTORIZED DEVICES ON CITY TRAILS BY PEOPLE WITH DISABILITIES
WHEREAS, Article IX of Chapter 23 of the City Code regulates behavior on City natural
areas properties, and Article X of Chapter 23 of the City Code regulates behavior in City recreation
areas, which includes parks and trails; and
WHEREAS, both the natural areas and parks Code provisions currently prohibit the use of
motorized vehicles or other motorized means of conveyance in natural areas and recreation areas,
except that motorized wheelchairs or similar assistive devices may be used by a person with a
mobility impairment; and
WHEREAS, in 2010 the U.S. Department of Justice released revised regulations
implementing the accessibility provisions of the Americans With Disabilities Act (ADA), which
regulations went into effect on March 15, 2011 (the “2011 Regulations”); and
WHEREAS, among other changes, the 2011 Regulations redefine the scope of mobility
devices that public entities must allow individuals with disabilities to use in areas where pedestrians
are allowed, subject to legitimate safety requirements that an entity may adopt; and
WHEREAS, the City Council wishes to amend various provisions of Chapter 23, Articles
IX and X in order to update the language regarding the use of motorized devices by people with
disabilities on City trails in order to be consistent with recent federal regulations under the
Americans with Disabilities Act the 2011 Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 23-192 of the Code of the City of Fort Collins is hereby amended
by the addition of three two new definitions, which read in their entirety as follows:
Sec. 23-192. Definitions.
...
Bicycle shall have the same meaning as defined in the Fort Collins Traffic
Code.
...
...
Mobility disability shall mean a disability, as defined in Title II of the
Americans with Disabilities Act, that limits an individual’s mobility within a natural
area.
...
Other power-driven mobility device shall have the meaning ascribed to it by
Title II of the Americans with Disabilities Act.
Section 2. That Section 23-193(d)(18) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-193. Prohibited acts; permits.
. . .
(d) Except as authorized by a permit obtained for such use from the Service
Area, it shall be unlawful to:
. . .
(18) Operate or park a motor vehicle or other motorized means of
conveyance anywhere in a natural area other than on established
roadways and in designated parking areas; provided, however, that a
motorized wheelchair may be used by any person with a temporary or
permanent mobility disability anywhere in a natural area that public
access is allowed, and an other power-driven mobility device may be
used in a natural area by any person with a temporary or permanent
mobility disability, in accordance with City regulations regarding such
use of other power-driven mobility devices
Section 3. That Section 23-202 of the Code of the City of Fort Collins is hereby amended
by the addition of three two new definitions, which shall read as follows:
Sec. 23-202. Definitions.
. . .
Bicycle shall have the same meaning as defined in the Fort Collins Traffic Code.
. . .
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. . .
Mobility disability shall mean a disability, as defined in Title II of the Americans
with Disabilities Act, that limits an individual’s mobility within a recreation area.
. . .
Other power-driven mobility device shall have the meaning ascribed to it by Title
II of the Americans with Disabilities Act.
. . .
Section 4. That Section 23-203(a)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-203. Prohibited acts; permits.
(a) It shall be unlawful to:
(1) Operate or park a motor vehicle or other motorized means of conveyance
anywhere in a recreation area other than on established roadways and in
designated parking areas; provided, however, that a motorized wheelchair
may be used by any person with a temporary or permanent mobility
disability anywhere in a recreation area that public access is allowed, and
an other power-driven mobility device may be used in a recreation area
by any person with a temporary or permanent mobility disability, in
accordance with City regulations regarding such use of other power-
driven mobility devices.
Introduced, considered favorably on first reading, and ordered published this 15th day of
November, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D.
2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on the 20th day of December, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Optional Version
ORDINANCE NO. 167, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23, ARTICLES IX AND X OF THE CODE OF THE
CITY OF FORT COLLINS TO ALLOW ELECTRICAL ASSISTED BICYCLES
ON THE CITY’S PAVED TRAILS FOR A ONE YEAR TRIAL PERIOD AND TO UPDATE
LANGUAGE RELATED TO THE USE OF MOTORIZED DEVICES ON CITY TRAILS
BY PEOPLE WITH DISABILITIES
WHEREAS, Article IX of Chapter 23 of the City Code regulates behavior on City natural
areas properties, and Article X of Chapter 23 of the City Code regulates behavior in City recreation
areas, which includes parks and trails; and
WHEREAS, both the natural areas and parks Code provisions currently prohibit the use of
motorized vehicles or other motorized means of conveyance in natural areas and recreation areas,
except that motorized wheelchairs or similar assistive devices may be used by a person with a
mobility impairment; and
WHEREAS, in 2010 the U.S. Department of Justice released revised regulations
implementing the accessibility provisions of the Americans With Disabilities Act (ADA), which
regulations went into effect on March 15, 2011 (the “2011 Regulations”); and
WHEREAS, among other changes, the 2011 Regulations redefine the scope of mobility
devices that public entities must allow individuals with disabilities to use in areas where
pedestrians are allowed, subject to legitimate safety requirements that an entity may adopt;
and
WHEREAS, the City Council has expressed an interest in allowing a one year trial period
during which electrical assisted bicycles (“ebikes”) would be permitted on paved City trails in parks
and natural areas; and
WHEREAS, the proposed trial period would begin on April 1, 2012 and expire on March
31, 2013 unless further action is taken by the City Council to permit long-term use of ebikes on
trails; and
WHEREAS, during the trial period City staff would gather information and assess the
impacts of the use of ebikes on the City’s trail system; and
WHEREAS, the City Council wishes to amend various provisions of Chapter 23, Articles
IX and X in order to allow ebikes on City trails during the trial period, and to update the language
regarding the use of motorized devices by people with disabilities in order to be consistent with the
2011 Regulationsrecent federal regulations under the Americans with Disabilities Act.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 23-192 of the Code of the City of Fort Collins is hereby amended
by the addition of four new definitions, which read in their entirety as follows:
Sec. 23-192. Definitions.
...
Bicycle shall have the same meaning as defined in the Fort Collins Traffic Code.
...
Electrical assisted bicycle shall mean a vehicle having two (2) tandem wheels,
or two (2) parallel wheels and one (1) forward wheel, fully operable pedals, an
electric motor not exceeding seven hundred fifty (750) watts of power and a top
motor-powered speed of twenty (20) miles per hour, which also has a tire size of not
more than three (3) inches in width, a wheel diameter of not less than fourteen (14)
inches, and a weight of not more than seventy-five (75) pounds. A bicycle with an
electric-powered bike trailer that meets the power and speed limitations listed above
is also considered an electrical assisted bicycle. The electric-powered bike trailer
need not meet the above wheel and tire requirements.
...
Mobility disability shall mean a disability, as defined in Title II of the Americans
with Disabilities Act, that limits an individual’s mobility within a natural area.
...
Other power-driven mobility device shall have the meaning ascribed to it by Title
II of the Americans with Disabilities Act.
Section 2. That Section 23-193(d)(18) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-193. Prohibited acts; permits.
. . .
(d) Except as authorized by a permit obtained for such use from the Service
Area, it shall be unlawful to:
. . .
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(18) Operate or park a motor vehicle or other motorized means of
conveyance anywhere in a natural area other than on established
roadways and in designated parking areas; provided, however, that a
motorized wheelchair or similar assistive device may be used by any
person with a temporary or permanent mobility impairment disability,
anywhere in a natural area that public access is allowed., and an other
power-driven mobility device may be used in a natural area by any
person with a temporary or permanent mobility disability, in accordance
with City regulations regarding such use of other power-driven mobility
devices. In addition, from April 1, 2012, through March 31, 2013,
electrical assisted bicycles, as defined in this Article, may be ridden on
paved designated trails within natural areas.
Section 3. That Section 23-202 of the Code of the City of Fort Collins is hereby amended
by the addition of four new definitions, which shall read as follows:
Sec. 23-202. Definitions.
. . .
Bicycle shall have the same meaning as defined in the Fort Collins Traffic Code.
. . .
Electrical assisted bicycle shall mean a vehicle having two (2) tandem wheels,
or two (2) parallel wheels and one (1) forward wheel, fully operable pedals, an
electric motor not exceeding seven hundred fifty (750) watts of power and a top
motor-powered speed of twenty (20) miles per hour, which also has a tire size of not
more than three (3) inches in width, a wheel diameter of not less than fourteen (14)
inches, and a weight of not more than seventy-five (75) pounds. A bicycle with an
electric-powered bike trailer that meets the power and speed limitations listed above
is also considered an electrical assisted bicycle. The electric-powered bike trailer
need not meet the above wheel and tire requirements.
. . .
Mobility disability shall mean a disability, as defined in Title II of the Americans
with Disabilities Act, that limits an individual’s mobility within a recreation area.
. . .
Other power-driven mobility device shall have the meaning ascribed to it by Title
II of the Americans with Disabilities Act.
. . .
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Section 4. That Section 23-203(a)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-203. Prohibited acts; permits.
(a) It shall be unlawful to:
(1) Operate or park a motor vehicle or other motorized means of conveyance
anywhere in a recreation area other than on established roadways and in
designated parking areas; provided, however, that a motorized wheelchair
or similar assistive device may be used by any person with a temporary
or permanent mobility impairment disability, anywhere in a recreation
area that public access is allowed., and an other power-driven mobility
device may be used in a recreation area by any person with a temporary
or permanent mobility disability, in accordance with City regulations
regarding such use of other power-driven mobility devices. In addition,
from April 1, 2012, through March 31, 2013, electrical assisted bicycles,
as defined in this Article, may be ridden on paved designated trails within
recreation areas.
Introduced, considered favorably on first reading, and ordered published this 15th day of
November, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D.
2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 20th day of December, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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